Lucio-Rayos v. Sessions’s Empirical Analysis
875 F.3d 573 · 2017
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 455 · 28 U.S.C. § 46 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Descamps v. United States · 195 L. Ed. 2d 604 - Mathis v. United States · Descamps v. United States · Moncrieffe v. Holder
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]hat new definition ... does not apply retroactively here ... because a revised rule adopted by the BIA in the exercise of its delegated legislative policymaking authority is presumed to apply prospectively only to cases initiated after its issuance.”
2 later decisions quote this exact passage · from the majority“it is the undocumented alien who bears the burden of proof, under the modified categorical approach, to show that his prior conviction was not a [crime involving moral turpitude],”
1 later decision quote this exact passage · from the majoritye.g. Jimenez v. Sessions“It is the Government['s] burden to establish, by clear and convincing evidence, that the noncitizen has a prior conviction that warrants his removal.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.